❓ WA Parliament Question on Notice regarding the Corruption and Crime Commission's report on Taser use by WA Police and the Department of Corrective Services, specifically concerning potential prosecutions and monitoring of recommendations.
AnsweredQoN 199Legislative Council
Asked
2 May 2012
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
CORRUPTION AND CRIME COMMISSION — REPORT ON
TASER USE
199. Hon GIZ WATSON to the parliamentary secretary
representing the Attorney General:
I refer to the report published by the Corruption and Crime
Commission on 16 April 2012 entitled, ''Report on the Investigation of
Alleged Public Sector Misconduct in Relation to the Use of Taser Weapons by
Officers of Western Australia Police and the Department of Corrective Services''.
(1) Regarding
the recommendations that the Director of Public Prosecutions give consideration
to the prosecution of Senior Constables Tomlin and Strahan, will the
parliamentary secretary ensure Parliament is kept informed about —
(a) if no charges are laid, the
reasons for this; and
(b) if charges are laid, what they
are and the outcome?
(2) If no to (1), why not?
(3) Regarding
the statement at paragraph 45 on page xxvi of the report that the Corruption
and Crime Commission will monitor the action taken by Western Australia Police
and the Department of Corrective Services to address the issues and implement
the recommendations —
(a) will the
parliamentary secretary please provide full details of the nature of the
monitoring that will occur—for example, will it include a period of
auditing future incidents in which Tasers are used by officers of Western
Australia Police and the Department of Corrective Services;
(b) will
Parliament be kept informed of the progress observed by the CCC during the
monitoring; and, if so, how; and
(c) if no to
(3)(b), why not?
TASER USE
199. Hon GIZ WATSON to the parliamentary secretary
representing the Attorney General:
I refer to the report published by the Corruption and Crime
Commission on 16 April 2012 entitled, ''Report on the Investigation of
Alleged Public Sector Misconduct in Relation to the Use of Taser Weapons by
Officers of Western Australia Police and the Department of Corrective Services''.
(1) Regarding
the recommendations that the Director of Public Prosecutions give consideration
to the prosecution of Senior Constables Tomlin and Strahan, will the
parliamentary secretary ensure Parliament is kept informed about —
(a) if no charges are laid, the
reasons for this; and
(b) if charges are laid, what they
are and the outcome?
(2) If no to (1), why not?
(3) Regarding
the statement at paragraph 45 on page xxvi of the report that the Corruption
and Crime Commission will monitor the action taken by Western Australia Police
and the Department of Corrective Services to address the issues and implement
the recommendations —
(a) will the
parliamentary secretary please provide full details of the nature of the
monitoring that will occur—for example, will it include a period of
auditing future incidents in which Tasers are used by officers of Western
Australia Police and the Department of Corrective Services;
(b) will
Parliament be kept informed of the progress observed by the CCC during the
monitoring; and, if so, how; and
(c) if no to
(3)(b), why not?
AnswerView source ↗
I thank the honourable member for some notice of the
question.
(1) Investigative
agencies, in deciding whether criminal charges should be laid, apply a prosecution
policy requiring, before charging, that there is a prima facie case and a
reasonable prospect for conviction, and that public interest factors support
the prosecution. That policy will be applied to the consideration of whether
charges should be laid against any officer. The charging of any officer will be
made public and the outcome will be determined by the courts, which conduct
proceedings, ordinarily, in public.
(2) Not applicable.
(3) (a) The
commission will seek responses from Western Australia Police and the Department
of Corrective Services regarding the implementation or otherwise of the
recommendations.
(b) Yes,
pursuant to section 91(2)(c) of the Corruption and Crime Commission Act 2003,
the commission will prepare an annual report to inform the Parliament.
(c) Not applicable.
question.
(1) Investigative
agencies, in deciding whether criminal charges should be laid, apply a prosecution
policy requiring, before charging, that there is a prima facie case and a
reasonable prospect for conviction, and that public interest factors support
the prosecution. That policy will be applied to the consideration of whether
charges should be laid against any officer. The charging of any officer will be
made public and the outcome will be determined by the courts, which conduct
proceedings, ordinarily, in public.
(2) Not applicable.
(3) (a) The
commission will seek responses from Western Australia Police and the Department
of Corrective Services regarding the implementation or otherwise of the
recommendations.
(b) Yes,
pursuant to section 91(2)(c) of the Corruption and Crime Commission Act 2003,
the commission will prepare an annual report to inform the Parliament.
(c) Not applicable.
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